Identifier
Created
Classification
Origin
04ACCRA2146
2004-11-01 09:06:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Accra
Cable title:  

USG'S ROLE IN URGING GHANA'S ANTI-TRAFFICKING

Tags:  KCRM KWMN SMIG PHUM GH 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 03 ACCRA 002146 

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: KCRM KWMN SMIG PHUM GH
SUBJECT: USG'S ROLE IN URGING GHANA'S ANTI-TRAFFICKING
LEGISLATION

REF: A. STATE 225140


B. ACCRA 2044

-------
SUMMARY
-------

UNCLAS SECTION 01 OF 03 ACCRA 002146

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: KCRM KWMN SMIG PHUM GH
SUBJECT: USG'S ROLE IN URGING GHANA'S ANTI-TRAFFICKING
LEGISLATION

REF: A. STATE 225140


B. ACCRA 2044

--------------
SUMMARY
--------------


1. (SBU) Legislation prohibiting human trafficking in Ghana
has been waiting in the wings for almost three years. In
post's continued efforts to encourage passage of this
legislation, we do not feel the delay reflects a lack of
political will to fight human trafficking. Rather, it
reflects bureaucratic and political frictions between the
Ministries of Women's and Children's Affairs (MOWAC) and
Manpower, Development, and Employment (MMDE). Engagement at
higher levels within the GoG is important to encourage the
legislation to move along. Post believes it would be useful
for the Department to demarche Ambassador Poku in Washington
on this issue (suggested talking points in para 6). Post also
proposes to host an anti-trafficking conference in early 2005
(after Ghana's presidential and parliamentary elections in
December),if funding is available. End summary.

-------------- --------------
ANTI-TRAFFICKING LEGISLATION: WHERE IT STANDS NOW
-------------- --------------


2. (SBU) After two years of working to draft legislation that
would criminalize human trafficking, Ghana's National Task
Force has put forth a final draft of the bill to the two lead
ministries - the Ministry of Women's and Children's Affairs
(MOWAC) and the Ministry of Manpower, Development, and
Employment (MMDE) - for their comments. To date, neither
ministry has returned the bill with their comments (Note:
This is not expected to happen until after the December
elections, as many within the GoG, including the Minister for
Women's and Children's Affairs, are on the campaign trail).


3. (SBU) There is widespread acknowledgement among those who
work on the National Task Force (which includes both NGO and
GoG representatives) that the delay is mainly due to MOWAC,
which has so far refused to turn over the mandate for this
legislation to MMDE, a move that was recommended at the last
stakeholders' meeting concerning this legislation. In early
drafts of the legislation, MOWAC was given the mandate for
this legislation, but stakeholders believe that MMDE would
see greater prospects for implementation and enforcement of
the legislation. MOWAC anticipates that the passage of this
legislation is likely to come with material resources

attached to it. As a small, underresourced ministry competing
with other underresourced ministries, MOWAC views this as a
chance to raise its profile and capacity.


4. (SBU) Unfortunately, while both ministries have thrown
their public support behind anti-trafficking efforts, the
lack of agreement over which ministry should have the mandate
to implement the bill (if passed) has delayed movement on the
legislative front.

--------------
WHAT THE USG CAN DO
--------------


6. (U) As the elections draw closer and increasingly dominate
the GoG's agenda here in Ghana, Post believes that engaging
the GoG from Washington would be helpful and requests the
Department demarche Ambassador Poku, using the following
talking points:

(Begin Talking Points)

- We are very concerned about the status of human trafficking
in Ghana and wish to reiterate our position on the issue of
trafficking-in-persons.

- As you know, Ghana is one of only two African countries to
earn Tier 1 status in this year's Trafficking-in-Persons
Report, and is the only country in sub-Saharan Africa on Tier
1 in 2004.

- A major reason for Ghana's Tier 1 status is its ongoing
effort to draft and pass legislation that would specifically
criminalize human trafficking.

- We understand that a final draft of anti-trafficking
legislation has been submitted to the two lead ministries,
the Ministry for Women's and Children's Affairs and the
Ministry for Manpower, Development, and Employment.

- We also understand that the draft bill will not move
forward until these two ministries can agree on which agency
should have the mandate to enforce the law should it be
passed by Parliament.

- Given that Ghana's Tier 1 status depends heavily on the
passage of this pending legislation in early 2005, we urge
you to work with your colleagues in these two ministries to
come to an expeditious agreement on any remaining issues
blocking the bill from moving forward for Cabinet's review.

(End Talking Points)


7. (U) It remains to be seen whether the key, senior
interlocutors on this issue - the Ministers of MOWAC and MMDE
- will be the same people after December's elections. Soon
after the new government convenes, Embassy officials will
meet with the two Ministers, the Attorney General, the
Speaker of Parliament, and other senior GoG officials and
parliamentarians to urge immediate movement on this issue in
the new session of Parliament in January.


8. (U) Post also proposes hosting a local conference on
trafficking in early 2005 that would draw together key
stakeholders on this issue in Ghana. Such an event would
raise awareness of this issue and help educate
parliamentarians who currently do not understand TIP issues.
This would provide an opportunity to bring together key
interlocutors of the USG and GoG (either personally or via
digital video conference) to discuss Ghana's anti-trafficking
efforts. Such a conference would be dependent on funding.


9. (U) Once the anti-trafficking legislation reaches
Parliament, USAID/Ghana Democracy and Governance partners
will work to raise awareness among Parliamentarians and civil
society at large to the critical issues addressed in the
legislation. This would include stakeholder meetings to
review the legislation's intent and implications, and provide
recommendations to the relevant committee to strengthen the
legislation and facilitate its passage. This would also
include disseminating issue papers and other research to
Parliamentarians and the media to build understanding of the
significance of the legislation and the critical role it will
play in addressing existing trafficking problems in Ghana.

--------------
MEANWHILE, SOME PROGRESS
--------------


10. (U) As the mechanics of a law to specifically criminalize
trafficking in Ghana continue to be worked out, law
enforcement officials are using existing laws to prosecute
trafficking and related activities. According to local press
reports, in early October, a 62 year-old Dutch national was
apprehended by police on pornography charges involving young
Ghanaian women. This prosecution was made using exisiting
immigration laws, with the allegation that the man had
entered the country multiple times with unlawful intent. The
suspect appeared in court on October 18, and was remanded
until November 1 for further investigation to continue.


11. (U) On August 29, Vice President Aliu Mahama opened a
conference to discuss the trans-Atlantic slave trade and
referred to the "new forms of slavery" that must be
addressed. He said the conference should not only examine
historical forms of slavery in West Africa but also serve as
a point of discussion about the trafficking of women and
children to engage in forced and degrading labor in other
countries. Mahama stated that Ghana would take a lead role in
repatriating Africans in the diaspora who were victims of
slavery, through the African Union, NEPAD, and ECOWAS.


12. (U) Ongoing projects coordinated by various NGOs -
including the International Organization for Migration, the
African Center for Human Development, and the International
Labor Organization - continue to enjoy GoG support and
relative success in sensitizing communities to the problem of
child trafficking and in reintegrating some trafficked
children to their home communities.

--------------
COMMENT
--------------


13. (SBU) GoG and civil society interlocutors concur on the
need to combat trafficking in Ghana. The main challenge is
breaking the deadlock in the inter-Ministry dispute over
ownership of the bill. Engagement with the GoG at senior
levels after the December elections should provide an
opportunity to make the USG's position even clearer with
respect to Ghana's Tier 1 status in 2005. Meanwhile, ongoing
USG support has been effectively utilized by NGOs in the
absence of a law to assist in enforcement and it appears that
Ghanaian officials continue to use existing laws to make
prosecutions on trafficking-related crimes. Post looks
forward to exploring with the Department possible funding for
a TIP conference in January or February 2005 in Accra. End
comment.
YATES